A wrongful death claim in Oklahoma is a tort claim that a deceased person could have brought when they were alive but is now being brought by the estate of that deceased person.
In Tulsa, a wrongful death claim is filed by the representative of the deceased person’s estate. Typically, the representative is a close relative of the deceased person, such as a spouse, child, parent, or even a sibling.
FAQ: Wrongful Death Claim in Oklahoma
A wrongful death claim in Oklahoma is a civil claim for money damages. The claimant is requesting compensation for the injuries that the deceased experienced before he died, such as pain and suffering.
The claimant is also requesting compensation for family members due to the deceased’s death – such as compensation for grief, loss of companionship, loss of consortium, funeral expenses, or burial expenses. A claimant may also request punitive damages, if it is believed that the defendant acted in a purposeful and deliberate manner in injuring the deceased.
What is the Deadline for Filing a Wrongful Death Claim in Oklahoma?
Under Tulsa, Oklahoma law, the estate representative has two years after the death of their loved one to file a wrongful death claim on behalf of the estate of the deceased. This deadline for filing the claim is known as the statute of limitations.
There are two common exceptions in Oklahoma for delaying the two-year statute of limitations for a wrongful death claim.
One is in the case where the remaining family members of the deceased are all under the age of 18. In those circumstances, the statute will be tolled until at least one of the family members reaches the age of 18. Then, the family member that has reached the age of majority will be permitted to file a wrongful death claim in Oklahoma on the deceased person’s behalf.
Another exception for delaying the two-year statute of limitations is called the “discovery rule” exception. This is where the estate representative is not aware of the cause of the deceased person’s death until after the two-year deadline to file has passed. Oklahoma courts have held that as long as the estate representative is using reasonable diligence to determine the cause of death of his or her loved one, the “discovery rule” exception will apply and the two-year statute of limitations will not apply to the wrongful death claim.
Free Consultation: Tulsa Wrongful Death Attorney
To find out if you might be entitled to compensation for the wrongful death of a loved one, contact the Tulsa wrongful death attorney at the Personal Injury Law Office of Tulsa today.
For a free, no-obligation consultation, call (918) 924-5528 or send your question using the email form on this page.
